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F 5.50 n1 Self-Defense: Sua Sponte Duty To Instruct.
[See Brief Bank # B-922 and Opinion Bank # O-314 for briefing and an unpublished opinion addressing this issue.]
F 5.50a
Assailed Person Need Not Retreat From His Or Her Residence
*Add to CJ 5.50:
A person assailed in [his] [her] own home is not bound to retreat from the house to avoid violence, even though a retreat may safely be made if [he] [she] has reason to believe and does believe that [his] [her] own life is in danger or that [he] [she] is in danger of receiving great bodily harm.
Points and Authorities
(People v. Hubbard (23) 64 CA 27, 37 [220 P 315].)
F 5.50b
Brandishing A Deadly Weapon In Self-Defense
*Add to CJ 5.50 when appropriate:
A person may draw or exhibit a deadly weapon in self-defense.
Points and Authorities
It is well established, by both statutory and case law, that one may draw a deadly weapon in self defense. (PC 417(a)(1); People v. Corlett (44) 67 CA2d 33, 45 [153 P2d 595]; People v. Curtis (94) 30 CA4th 1337, 1362-63 [37 CR2d 304] [recognizing potential of sua sponte duty to instruct when requisite facts exist].) (See also FORECITE F 4.45 n1 [Accident: Brandishing In Self-Defense].)